vicarious liability Flashcards
who are the 3 people involved in the case
claimant
defendant
tortfeaser
who is the claimant
who suffered as a result of the tort
who is the defendant
did not commit the tort but is responsible
who is the tort feaser
person who committed the tort
what happened in the christian brothers case
concerned the responsibility of a school management trust for criminal actions involving physical and sexual abuse of children in a children’s home by a visiting priest.
The school were held to share responsibility.
what are the 5 reasons viarious liability exists
An employer is more likely to have the financial capability to compensate C (things like insurance)
The tort will have been committed in the course of employment
Therefore the activity is likely to be for the benefit of the employer
The employment created the risk of the tort by employing the person in the first place
The employee is under the control of the employer (at least to some extent)
what are the two types of torts
unintentional tort (such as negligence)
intentional tort
what are the 5 intentional torts
battery
sexual assault
intentional interference with economic interests/stealing- trying benefit from harming someone’s business
Harassment- making the victim feel distressed, humiliated, threatened or fearful of further violence over time
Misuse of private information and breach of confidence- sue for damages where private information has been disclosed without their consent.
what case gives us the 2 main requirements for vicarious liability
Jehovah’s Witnesses v BXB (2023)
what are the main requirements for vicarious liability
Relationship between D and TF which makes it proper for the law to make D pay for the fault of TF
a connection between that relationship and the Tfs wrongdoing
for the first requirement (Relationship between D and TF which makes it proper for the law to make D pay for the fault of TF) what are the 2 ways this can be established
TF is an employee of D
TF is in a relationship ‘akin to employment’
